With voting under way and a hung parliament looking ever more likely, leading Conservatives are questioning whether the Labour Party would have the legitimacy to govern if it fails to grasp a majority.

According to Britain’s
constitutional laws, there is no specific rule that says the
government must be led by the party with the highest number of
seats.

While a party with a majority is in a position to form a
government, if no party wins a majority the government is created
by whoever “is best able to command the confidence of the
House of Commons,” according to the Cabinet Manual, which
was drawn up in 2010 following a hung parliament. Although the
United Kingdom's constitution is not codified in a single
document, it consists of a broad body of law.

A consensus has emerged among Britain’s constitutional experts
that the next government need not be led by Britain’s biggest
party.

History teaches us that in certain circumstances the second
largest party may enter government, as was the case when Labour
entered power in 1924. Equally, such a scenario frequently occurs
across the EU if a hung parliament arises.

Irrespective of this fact, Miliband may face resistance on Friday
if he seeks to form a government amid a gridlocked parliament.
Critics say the Labour leader may be burdened with considerable
opposition from an electorate that thinks it is wrong that a
party with fewer seats than its main rival could enter
government.

Current opinion polls indicate the population are somewhat
confounded by the prospect of a hung parliament. A recent YouGov
survey found 48 percent of those polled think the leader of the
party with the most MPs would have a “better claim” to become PM
in the event of a hung parliament.

Only 26 percent of those questioned said the leader of the party
that could command a majority would have the best claim to power,
despite this being the most accurate response.

Political uncertainty

Irrespective of the political uncertainty surrounding Thursday’s
results, the Cabinet Manual’s constitutional regulations are
clear.

The key issue on May 7 is not which party holds the most seats,
but rather which party commands the most support in the House of
Commons.

The new parliament is set to meet on May 18, with official
government business kicking off on May 27. On this day, Britons
will hear the Queen’s Speech - the UK's program for incoming
governments. The Queen’s Speech must be approved by a majority of
MPs in the House of Common to ensure the incoming government has
the power to govern.

In the event of a hung parliament, PM David Cameron may seek to
form a majority in parliament. However, Britain’s constitution
states clearly that the serving government must resign if it
“becomes clear that it is unlikely to be able to
command” the confidence of the Commons and there is a
“clear alternative.”

Analysts suggest this “alternative” would most likely be
a minority Labour government.

In such a scenario, Cameron may strive to prove to the electorate
that Labour requires the support of the SNP to rule. Lord
Salisbury adopted this very strategy in 1892 to prove to voters
the Liberals were reliant on the aid of Irish nationalists to
govern the nation.

But such isolationist politics risks marginalizing MPs from the
“Celtic fringe” and in the process stoking the
separatist ideals that Unionists oppose.

If the Conservatives attempted to maintain their position of
power in parliament, Labour will most likely step in with an
amendment insisting, “Your Majesty’s present advisers have
not the confidence of this House.”

It was this very wording that was employed in 1924 by Labour when
a gridlocked parliament occurred.

If the government was defeated on this amendment, it would be
forced to resign and Miliband would be asked to form a new
government. The texture and tone of the incoming government would
be down to Miliband, who would seek to negotiate with other
parties or a single party on a formal coalition or
supply-and-confidence deal. Under the latter, smaller parties
would support the coalition government’s basic program, but
reserve the right to oppose it on a case-by-case basis.

Should Miliband form a minority government, he may seek a
majority from the electorate. However, Britain’s Fixed Term
Parliaments Act (2011) prevents the early dissolution of a
minority government unless it proves impossible or two-thirds of
MPs back it in the wake of a no-confidence vote.

Were a Labour-led government to be defeated in a no-confidence
vote, analysts suggest it’s highly unlikely a new government
could be formed, since the Tories would already have stepped down
or been defeated in the Queen’s Speech.

In this scenario, a
dissolution would likely follow and the electorate would face
another general election.